Legal Battles Continue as Arkansas Districts Merge

Arkansas’ decade-long court battle over school finances may
finally be over, but the larger legal and political dogfight over money
for rural schools and the consolidation of rural school districts is
just beginning to get fierce.

Supporters of small rural districts have filed lawsuits in recent
weeks challenging a new state law that forces dozens of the
state’s smallest districts to merge with neighbors.

The legislature passed a law in January that forced the district
mergers as part of the state’s strategy to meet an Arkansas
Supreme Court decision from 2002 that required improvements in poor
rural schools. ("Court Orders
Arkansas to Fix K-12 Funding," Dec. 4, 2002.)

In the latest series of legal twists, 27 schools or school-based
organizations, along with 48 citizens, filed a federal lawsuit June 3
contending that the consolidation law is unconstitutional and
discriminatory toward taxpayers and students in impoverished rural
areas.

Then, the 1,600-student Dumas district filed a suit June 25 in Desha
County specifically challenging the state board of education’s
decision to force Dumas to merge with the 215-student Gould district
against the wishes of both districts. That request was denied on June
30.

And on June 18, a divided Arkansas Supreme Court relinquished its
oversight of the 2002 order in Lake View School District v.
Mike Huckabee. In that case, filed by the tiny Lake View school
district against the state’s Republican governor, the court
ordered the legislature to improve poor rural schools across the
state.

Limited Power

The recent state supreme court ruling disappointed rural school
advocates, who had wanted the court to continue its oversight and allow
arguments seeking more improvements.

Some school leaders also contend that the district mergers will not
enhance education for rural students, are causing administrative
problems for districts, and ultimately will force the closing of many
small schools.

But Justice Robert L. Brown wrote in last month’s main opinion
that the state high court did not have the power to require further
school reforms. He praised lawmakers for their early approval of $400
million in additional K-12 spending for the new fiscal year, including
higher teacher pay and improved regional institutes to help rural
schools.

While the court took no position on consolidation, Justice Brown
wrote that further steps toward efficiency in schools "will be
inevitable."

Gov. Mike Huckabee said the decision pointed the state toward more
consolidations, which he argues will save money and offer students more
academic courses.

"The court today in a deeply divided decision reflects a very deeply
divided state over the issue of how to best reform education," he told
reporters June 18.

Rural school groups have vowed to fight the governor, just as they
did earlier this year to avoid Mr. Huckabee’s far-reaching
consolidation proposal that would have affected all districts with
fewer than 1,500 students. The current law requires mergers in district
of fewer than 350 students.

Rural Reaction

Across rural Arkansas, school administrators were required to have
the mergers in place by July 1. The changes left some superintendents
without their old jobs, and had some rural leaders fearing their
community schools would be closed after the coming school year.

Jimmy Cunningham, who until July 1 was the superintendent of the
Plainview-Rover schools in west- central Arkansas, said his district
joined the federal lawsuit because it’s being forced to take over
the debt, buildings, and policies of other school districts.

"Our biggest concern is the co-mingling of tax dollars," said Mr.
Cunningham, whose district passed a local levy last year to renovate
and enlarge its school. The 311-student Plainview-Rover district merged
with two neighboring districts on July 1. Mr. Cunningham was scheduled
to become an assistant superintendent in the new 1,100-student
district.

In its suit, the Dumas district challenged the state school
board’s decision to force a merger between Dumas and the
neighboring Gould district. The suit argued that the mostly
African-American district in Gould should be able to merge with the
district of its choice, not Dumas.

In his decision, Circuit Judge Jerry Mazzanti denied the request to
block the merger, saying he didn’t have jurisdiction in the
case.

Brooks Gill, the lawyer for the Dumas schools, argued that bringing
Gould students into Dumas could prompt many of the remaining white
students to leave the majority-black Dumas schools and thereby reduce
school integration there.

"I don’t have a magic bullet. I just know what the state did
in this case will destroy the Dumas school district, or at least has
the potential to do that," Mr. Gill said. "That doesn’t solve the
problem we’re trying to fix."

Ground Rules for Posting
We encourage lively debate, but please be respectful of others. Profanity and personal attacks are prohibited. By commenting, you are agreeing to abide by our user agreement.
All comments are public.